• Lecture No.

09
• President, Vice President,Governor
• POLITY
By- Prathmesh Sir
1 President

2 Vice President

3 Governor

4 State legislature
 Article 168

Legislative Legislative
Governor Council
Assembly
 Article 169

Abolition or creation of Legislative Councils in States.

State Legislature (Part VI)

Article 168 to 212

State Legislature

Legislative Legislative
Council Assembly
State Legislature (Part VI)

State Legislature

Bicameral Unicameral

Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana

and Uttar Pradesh
 State Legislative Assembly
▪ Article 170: Composition of the Legislative Assemblies

▪ The maximum 500

▪ Minimum – 60

▪ Based of population
 State Legislative Assembly
▪ One Anglo – Indian community member nominated by governor.

▪ 95th constitution Amendment act 2009 (2020)

▪ Direct election.

▪ Temporary House of state.

▪ 5 years duration.

▪ Reservation for ST/SC

(95th Amendment 2009)
 Qualification for state Assembly
▪ He should be an Indian citizen;

▪ 25 years of above

▪ Must be member of ST or SC
community if he contest from a
seat reserve to them .

▪ Oath by Governor

▪ Speaker and deputy speaker of legislative Assembly

 State Legislative Council
▪ Article 171: Composition of the Legislative Councils

▪ Strength – Maximum 1/3rd of total strength of legislative Assembly .

▪ Minimum - 40

▪ Indirect Election

▪ Permanent house

▪ 30 years
 State Legislative Council
Members are elected by five different constituencies through a process of
the single transferable vote system.

1. ⅓ of the members are elected by the local authorities’ representatives

(Gram Panchayats, Municipalities, Block Parishads, etc.)

2. ⅓ of the members by the MLAs.

 State Legislative Council
3. 1/12 of the members are elected by the teachers (of secondary
schools, colleges, and universities) in the state.

4. 1/12 are elected by the graduates in the state.

5. The remaining 1/6th are nominated by the Governor from persons

having experience or knowledge in the fields of science, art, literature,
social service, or cooperative movement.
 President of India
Article 52
▪ The President is the Head of Indian State.
▪ He is first citizen of India.
▪ He is Symbol of unity, integrity and Solidarity of
the nation.
 Qualification to be President of India
Article 58
▪ A citizen of India.
▪ 35 years old.
▪ Qualified for election as a member of
the House of the People.
 Qualification to be President of India
▪ Not hold any office of profit.

▪ The emoluments and allowances of the President shall not be

diminished during his term of office. (2nd Schedule).

▪ The President shall not be a member of either House of Parliament or

of a House of the Legislature of any State, and if a member of either
House of Parliament or of a House of the Legislature of any State be
elected President, he shall be deemed to have vacated his seat in that
House on the date on which he enters upon his office as President.
 Qualification to be President of India
▪ Indirect election
▪ The President is elected by an electoral college
consisting of
A. The elected members of both Houses of Parliament.
B. The elected members of the Legislative Assemblies
of the States.
C. Legislative Assemblies of the Union Territories of Delhi, Jammu &
Kashmir and Puducherry (Since 1992 through 70th Constitutional
Amendment Act).
▪ Any Disputes Regarding the Election of President are challenged in
Supreme Court of India.
 Qualification to be President of India
▪ Secrete ballot system.
▪ Party cant issue whip.
Single Transferable Voting System
 Oath and term of Office
➢ In presence of the Chief Justice of India or, in his
absence, the senior - most Judge of the Supreme
Court (Article 60).

➢ Term of office - (Article 56).

▪ 5 years
▪ Give resign to Vice - President.
▪ Removed by impeachment.
▪ Eligible for re-election (Article 57).
 Impeachment of President (Article 61)
▪ All the members of the parliament (elected + nominated) takes part in
the impeachment process.

▪ No president impeached so far.

 Impeachment of President (Article 61)
The President can be removed from office by the process of
impeachment only on the grounds of violation of the Constitution.

▪ The impeachment process can be started from any house of the

parliament by levelling charges against him.
▪ The notice bearing the charges against the president must be signed by
at least 1/4th of the members of the house.
▪ 14 days Notice should be given to president.
▪ The resolution to impeach the president must be passed by a special
majority (two-thirds) of total strength in the originating house.
 Impeachment of President (Article 61)
▪ It is sent to the other house for consideration. The other house acts as
the investigating horse. A select committee is formed to investigate the
charges labelled against the president.

▪ The President of India has the right to defend himself through

authorized counsel.

▪ After the investigation by the select committee, if the other house also
passes the resolution by a two-thirds majority, the President of India
stands impeached,
Process of Impeachment
Special Privileges to President
 Veto Power of President (Article 111)

Bill

Give his Assent to bill

Withhold his assent to the bill
Return the bill for reconsideration(if passed President has to give assent)
Veto Power of President (Article 111)

Absolute Veto Pocket Veto Suspensive Veto

 Suspensive Veto
▪ When he return the bill for reconsideration.

▪ If the Parliament resends the bill with or without amendment to the

Indian President, he has to approve the bill without using any of his
veto powers.

▪ Cant do it with relation to money bill.

 Pocket Veto
▪ Not Accept or Reject The Bill.

▪ Keeps the bill for indefinite period of time (usa 10).

▪ Cant do it with relation to constitution Amendment Bill (24th

constitution amendment act 1971).

▪ 1986 - Zail Singh (Indian post office bill).

Powers Of President
Legislative
Military Emergency

Financial Diplomatic

Judicial Executive
 Judicial Powers
▪ Appoints Chief Justice and Judges of Supreme Court and High Courts.

▪ Can seek Advice from Supreme Court on any question of law.

▪ Pardoning Powers.
Reconsideration

Council of Ministers
(Home Ministry)
 Pardon
▪ It removes both the sentence and the conviction and completely
absolves the convict from all sentences, punishments and
disqualifications.
 Commutation
▪ It denotes the substitution of one form of punishment for a lighter
form. For example, a death sentence may be commuted to life
imprisonment, which in turn may be commuted to simple
imprisonment.
 Remission
▪ It implies reducing the period of sentence without changing its
character. For example, a sentence of rigorous imprisonment for two
years may be remitted to rigorous imprisonment for one year.
 Respite
▪ It denotes awarding a lesser sentence in place of one originally awarded
due to some special fact, such as the physical disability of a convict or
the pregnancy of a woman offender.
 Reprieve
▪ It implies a stay of the execution of a sentence(especially that of death)
for a temporary period. Its purpose is to enable the convict to have
time to seek pardon or commutation from the President.
 Executive Powers
The President appoints:
▪ The Prime Minister and other Ministers.
▪ The Attorney - General of India determines his remuneration.
▪ The Governors of the States.
▪ Comptroller and Auditor General of India, Chief Election Commissioner
and other Election Commissioners, Chairman and members of the
Union Public Service Commission, and Finance Commission of India
chairman and members Judges of High Courts and Supreme Court.
 Executive Powers
▪ National Commissions of Scheduled Castes, Scheduled Tribes, Other
Backward Classes as well as a commission to report on the
administration of the Scheduled Areas, a commission on official
Language and Special officer for Linguistic minorities.

▪ He can declare any area as a scheduled area and has powers with
respect to the administration of scheduled areas and tribal areas.

▪ He appoints an inter-state council to center-state and inter-state

cooperation.

▪ All executive actions are taken by his name.

 Financial Powers
▪ He has control over the Contingency Fund of India to meet unforeseen
expenses like Flood, Drought, War etc.
▪ His prior recommendation is a must in the introduction of the money
bill and financial bill in the Parliament.
▪ The President of India constitutes the Finance Commission after every
five years.
▪ The President shall in respect of every financial year cause to be laid
before both the Houses of Parliament a statement of the estimated
receipts and expenditure of the Government of India for that year, in
this Part referred to as the “annual financial statement” (Article 112).
 Military Powers
▪ He has the power to declare war and peace but his military power is
subject to the regulation of law.

▪ He supreme commander of armed forces.

▪ He appoints Chief of the Army, Chief of the Navy and Chief of the Air
Force.
 Discretionary Powers
▪ Although the Constitution after the 42nd Amendment Act made it
mandatory or obligatory for the President to act on the advice of the
Council of Ministers, even then, the practice of parliamentary
governance created some circumstances when the President had to act
as per his own wisdom, sense of justice and discretion.

▪ When no single party has a majority in the election of Lok Sabha or due
to the sudden death of the incumbent Prime Minister then the
President can use his discretion to appoint the Prime Minister.
 Vice President (Article 63)
▪ Article 63 of the Indian Constitution mentions the post of Vice -
President.

▪ American model.

▪ He is part of union executive.

 Who Can Become Vice President?
Article 66
▪ Is a citizen on India.
▪ He has completed the age of thirty-five
years.
▪ He is qualified for election as a
member of the Council of States.
▪ Should not hold any office of profit .
 Election of Vice President?
Article 66
▪ Indirect (Single transferable vote).
▪ members of both Lok Sabha and Rajya Sabha.
▪ Dispute decided by SC.
 Oath and Term of Office
▪ By President of India (Article 69).
▪ Vice president should not be a
member of any house.
▪ The Vice - President shall hold office
for a term of five years from the date
on which he enters upon his office:
(Article 67).
▪ Eligible for re-election.
 Removal of Vice President
a. A Vice - President may, by writing under his hand addressed to the
President, resign his office.
b. A Vice - President may be removed from his office by a resolution of
the Council of States passed by a majority of all the then members of
the Council and agreed to by the House of the People; but no
resolution for the purpose of this clause shall be moved unless at least
fourteen days’ notice has been given of the intention to move the
resolution.
c. A Vice - President shall, notwithstanding the expiration of his term,
continue to hold office until his successor enters upon his office.
 Removal of Vice President
▪ The Vice - President to be ex-officio
chairman of the council of states
(Article 64).
▪ The Vice - President to Act as
president or to discharge his
functions during casual vacancies in
the office, or during the absence, of
president for maximum period of six
months (Article 65).
Vice President
Article Provisions
Article 63 The Vice - President of India.
Article 64 The Vice - President to be ex - officio chairman of the Council of States.
Article 65 The Vice - President to act as President or to discharge his functions
during certain conditions.
Article 66 Election of Vice - President.
Article 67 Term of office of Vice - President.
Article 68 Time of holding elections to fill vacancy in the office of Vice - President
and the tenure of elected person to fill casual vacancy.
Article 69 Oath or affirmation by the Vice - President.
Article 70 Discharge of President’s functions in other contingencies.
Article 71 Matters related to, or connected with, the election of a President of
Vice - President.
 Governor
▪ He is the constitutional head of the state.

▪ He functions as a vital link between the Union

Government and the State Government.

▪ Part VI from Article 153 to 167 deal with state

executive.

▪ One person can be appointed as Governor for

two or more States (7th Constitution
Amendment Act 1956).
 Appointment of Governor
▪ There is no direct or indirect election for the post of Governor.

▪ Article 165, enables and authorizes the President of India to appoint

the Governor of State by warrant under his hand and seal for a five-year
term.

▪ The Governor is appointed by the President and serves at his pleasure.

▪ The chief justice or the senior most judge of the concerned High Court
administers the Governor's oath of office (if the chief justice is
unavailable).
 Qualifications
▪ He should be an Indian citizen.
▪ He must be at least 35 years old.
▪ He should be an outsider who does not reside in the state where he will
be appointed.
▪ When appointing the Governor of a state, the President must consult
with the state's Chief Minister.
▪ The President has the authority to transfer a Governor from one state
to another for the remainder of his tenure. Governor can serve over his
five-year term until the next appointment is made.
 Conditions of Office of Governor
▪ He should not occupy any office of profit.
▪ He should not be a member of the House of Parliament or any state
legislature.
▪ He is entitled to such Allowances, Emoluments, and Privileges
as Parliament determines.
▪ During his tenure of office, his emoluments and allowances cannot
be reduced.
▪ If he is appointed as Governor of two or more states, the Governor's
allowances and emoluments are divided among the states in a
proportion specified by the President.
 Removal of Governor
▪ The grounds for a Governor's removal
by the President are not specified in
the constitution.

▪ The Governor's office has no fixed

term and no security of tenure
because the President can remove him
at any time.

▪ After submitting his resignation letter

to the President, the Governor can
resign from his office.
▪ Article 163: There shall be a council of ministers, led by the Chief
Minister, to assist and advise the Governor in the exercise of his
powers, except when he is compelled to execute his functions at his
discretion.

▪ Article 164: The council of ministers is collectively responsible to the

state's legislative assembly. This provision is the cornerstone of the
state's parliamentary system of governance.
 Executive Powers of Governor
▪ The Governor takes all executive decisions on behalf of the state government.
▪ The Governor appoints the Chief Minister and other cabinet members.
▪ He appoints the state's advocate general and determines his tenure and
conditions of service.
▪ He has the authority to recommend to the President the declaration of a
state of constitutional emergency. The governor appoints the state
election commissioner.
▪ He appoints the chairman of the state public service commission as well
as the members of the commission. They can, however, only be
dismissed by the President and not by a Governor.
▪ He serves as Chancellor of the state's universities and appoints Vice Chancellors.
 Legislative Powers of Governor
▪ He can summon or prorogue the state legislature.

▪ The Governor presents to the state legislature the reports of the State
Finance Commission, the State Public Service Commission, and the
Comptroller and Auditor General.

▪ He appoints one-sixth of the State Legislative Council members.

▪ The Governor has the authority to address the state legislature at the
start of its first session, as well as the first session of each year.
 Lieutenant Governor
▪ A union territory in India is administered by a
lieutenant governor.

▪ He is appointed by the President of India and

functions as the President's representative, with
the aid and advice of the Council of Ministers.

▪ The functions, powers, and duties of the

Lieutenant Governor are defined under Articles
239 and 239 AA of the Indian Constitution.
JAI HIND !